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Retroactivity

265 published works

  1. California Employment Law Update

    Do California’s New Restrictions on Independent Contractors Apply Retroactively?

    By Tony Oncidi, Hal Brody

    On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if…

  2. Sentencing Law and Policy

    Interesting and consequential Florida Supreme Court decision on retroactivity ofHurst

    By Douglas Berman

    Main August 12, 2017Interesting and consequential Florida Supreme Court decision on retroactivity of HurstAs this Death Penalty Information Center posting details, the Florida Supreme Court this past week reiterated that…

  3. Workers’ Compensation Law Prof Blog

    AMA Guides Disapproved for Use Under the Pennsylvania Act: Part II (Initial Thoughts on the Law of Retroactivity)

    By David B. Torrey

                The Supreme Court, in its Protz decision, set forth no admonition with regard to retroactive application of the decision. In lieu of such directives, resort must be made to common…

  4. Legal Profession Blog

    Retroactivity At Issue In Tennessee Bar Cases

    By Michael Frisch

    Two bar discipline matters are scheduled for oral argument before the Tennessee Supreme Court this afternoonSean K. Hornbeck v. Board of Professional Responsibility – This case is a review of a…

  5. Sentencing Law and Policy

    How many prior sentenced federal prisoners might now have “Deanclaims” (assumingDeanis retroactive)?

    By Douglas Berman

    Main April 4, 2017How many prior sentenced federal prisoners might now have "Dean claims" (assuming Dean is retroactive)?As reported in this post from yesterday, and as explained a bit more…

  6. Sentencing Law and Policy

    Post-Hursthydra chews up all death sentences in Delaware via new retroactivity ruling

    By Douglas Berman

    Main December 15, 2016Post-Hurst hydra chews up all death sentences in Delaware via new retroactivity rulingRegularly readers know I use the term "post-Hurst hydra" to describe the aftermath litigation in…

  7. Sentencing Law and Policy

    “Cost-Benefit Analysis and Retroactivity: The brief for respondent inBeckles v. U.S.”

    By Douglas Berman

    Main October 15, 2016"Cost-Benefit Analysis and Retroactivity: The brief for respondent in Beckles v. U.S."The title of this is the title of this timely and astute New Jersey Law Journal…

  8. Sentencing Law and Policy

    Sixth Circuit panel concludes Michigan sex offender registration amendments “imposes punishment” and thus areex postunconstitutional for retroactive application

    By Douglas Berman

    Main August 25, 2016Sixth Circuit panel concludes Michigan sex offender registration amendments "imposes punishment" and thus are ex post unconstitutional for retroactive applicationIn a significant panel ruling today, the Sixth…

  9. Sentencing Law and Policy

    An astute accounting of one view on how the post-Hursthydra in Florida ought to be slayed

    By Douglas Berman

    Main May 7, 2016An astute accounting of one view on how the post-Hurst hydra in Florida ought to be slayedRegular readers know that, after the US Supreme Court in Hurst…

  10. Sentencing Law and Policy

    Split Kansas Supreme Court, reversing itself in real time, ultimately decides that state’s lifetime sex offender registration law is constitutional

    By Douglas Berman

    Main April 22, 2016Split Kansas Supreme Court, reversing itself in real time, ultimately decides that state's lifetime sex offender registration law is constitutional In a significant ruling today in the…